Introduction to the Conflict

A recent controversy in the European Union involves the United Kingdom (UK) Prime Minister, Boris Johnson, and his complaints to the European Commission about French President Emmanuel Macron engaging in actions that affect the UK-Jersey fishing agreement. Beyond finding the situation amusing, there is a notable admiring sentiment for the determined duplicity displayed by Johnson.

The Role of the European Commission

The European Commission's stance on this matter is straightforward; it supports France's position. Furthermore, it is advised that the UK should attempt to achieve a rebalance within the new fish conflict. This follows from the UK government's handling of Brexit and subsequent election victory, which saw Labour's poor track record as a consideration. Engaging in extended confrontation seems unwise, given the overwhelming support France has, not only from the EU but also the United States.

Complicated Legal Interpretations

The crux of the argument revolves around the interpretation of the November agreement between the UK and EU. This agreement stipulated that licences would be required for French trawlers in the UK. However, this agreement may have overlooked the fact that many UK trawlers land their catch in France, which is vital for maintaining their operations. Additionally, some French fishing applications were refused, leading to the escalation of the conflict. The upcoming French presidential election complicates matters further, as President Macron has poor standing with French fishermen, similar to the desires of the ERG for the UK. This crisis, however, is more of a misinterpretation than a real threat, as Le Pen's influence is currently limited.

The Dispute’s Legal Framework

The disagreement appears to stem from the differing legal systems between the UK and France. The UK follows an adversarial system, comprising equity and law, while France follows an inquisitorial system with strict adherence to agreed papers. It is likely that someone, possibly 'smart Alice,' attempted to circumvent the EU agreement under the false impression that the French would have no recourse. However, the French have the right to examine and refuse trawlers, leading to this current state of affairs where fishermen are detained in France while Johnson and Macron engage in a more diplomatic hugging exchange. Macron has urged Boris to follow the rules, while Johnson has threatened to report France to the Commission.

Conclusion

The ongoing conflict in the fisheries industry highlights the challenges of legal interpretation and application between the UK and France post-Brexit. The European Commission's support for France underscores the complexities and nuances in cross-nation legal and political dynamics. As the situation evolves, it is crucial for both parties to engage in constructive dialogue and adhere to the existing agreements to maintain stability and cooperation within the EU framework.